National Equipment Corp. v. Pinnell

Hatcher, Judge :

This appeal involves the obligation of principal contractors and their surety to pay the balance due from subcontractors for machinery used on the work, for repairs on the machinery, and for other mechanical supplies.

About the first of June, 1931, defendants Pinnell & Pfost contracted with the State Road Commission to grade a certain roadway and executed a bond with defendant American Surety Company as surety. Shortly afterwards defendants K. J. Smith & Son were given a subcontract to perform part of the grading. The Smiths then purchased from plaintiff National Equipment…